EAST
BRUNSWICK – The New Jersey Division
of Consumer Affairs and Department of Agriculture
today announced a joint effort to make consumers
aware of “Jersey” produce that
does not actually come from the state.

Citing
a recent North Jersey case in which “Yellow
NJ Corn” was offered in a grocery
store circular four to six weeks before
the first New Jersey-grown corn would be
available, New Jersey Assistant Secretary
of Agriculture Alfred W. Murray urged consumers
to be aware that buying misbranded or mislabeled
produce hurts New Jersey’s farmers.

“Consumers
depend upon the reputation of New Jersey
produce and know they’ll get great-tasting,
fresh and safe products from our local farms,”
Assistant Secretary Murray said during a
press announcement today at the farm of
Jim Giamarese, a member of the State Board
of Agriculture. “Likewise, our Garden
State produce growers depend on a big demand
for their fresh products as each one comes
into season, which helps them meet their
bottom lines and continue farming.

“When
someone misbrands or mislabels produce as
being ‘Jersey Fresh’ or otherwise
from New Jersey when it really isn’t,
consumers can be fooled into buying products
that really don’t come from New Jersey,
our farmers are cheated out of their most
important markets and New Jersey’s
economy does not receive the full value
of our farmers’ hard work.”

Promoting
out-of-state produce as being “Jersey
Fresh” or otherwise from New Jersey
constitutes a misrepresentation of fact
to consumers and thus violates the state’s
Consumer Fraud Act, noted Thomas R. Calcagni,
Acting Director of the Division of Consumer
Affairs.

“Advertising
or promoting out-of-state produce as being
‘Jersey Fresh’ or from New Jersey
is a false statement and is misleading to
consumers,” Calcagni said. “If
it’s not grown here, it’s not
‘Jersey Fresh.’ We’re
working with Agriculture officials to make
sure sellers understand this fact and we
are prepared to act against those who commit
fraud against consumers.”

The
Department of Agriculture has sent advisory
letters to all licensees authorized to sell
New Jersey agricultural products about the
misbranding of products. The Department
of Agriculture has inspectors who routinely
visit stores, markets and other vendors
checking things such as milk licenses or
Country of Origin Labeling (COOL) on products.
If they notice produce advertised as being
from New Jersey when they know it clearly
cannot be, they will report it to the Division
of Consumer Affairs for action. The Division
has the authority to enforce penalties up
to $10,000 for an initial violation and
up to $20,000 for subsequent violations.

“Consumers
expect to get what they pay for when spending
their hard-earned money,” Calcagni
said. “And never is that more true
then when it comes to the food they place
on their family's dinner table."

In
addition, the USDA’s Perishable Agriculture
Commodities Act (PACA) program has the ability
to enforce penalties for mislabeling and
misbranding of up to $200,000 per offense.

“The
Department puts a lot of effort into making
consumers aware of the benefits of buying
locally produced, Jersey Fresh agricultural
products,” Murray said. “We
want the benefits of those efforts to go
to New Jersey farmers, and the wholesalers
and retailers who are loyal to our farmers,
not to some mislabeled product coming into
the state from who knows where, maybe even
a foreign country, and masquerading as Jersey
produce.”